(PC) Cruz v. Ostrander, et al.
ORDER DENYING 22 Plaintiff's Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 6/3/2021. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GUILLERMO TRUJILLO CRUZ,
ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
LT. J. OSTRANDER, S. SAVOIE,
On December 3, 2020, Plaintiff filed a motion seeking the appointment of counsel. (Doc.
Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to
represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dist. of
Iowa, 490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel under
section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a reasonable method of securing
and compensating counsel, the Court will seek volunteer counsel only in the most serious and
exceptional cases. In determining whether exceptional circumstances exist, the district court must
evaluate both the likelihood of success of the merits and the ability of the plaintiff to articulate his
claims pro se in light of the complexity of the legal issues involved. Id.
In the present case, the Court does not find the required exceptional circumstances. Even
assuming that Plaintiff is not well-versed in the law and that he has made serious allegations,
which, if proved, would entitle him to relief, his case is not exceptional. This Court is faced with
similar cases almost daily. At this stage in the proceedings, the Court cannot determine whether
Plaintiff is likely to succeed on the merits. Moreover, based on a review of the record, the Court
finds that Plaintiff can articulate his claims adequately. Id.
For the foregoing reasons, the Court DENIES Plaintiff’s motion for the appointment of
counsel. (Doc. 22.)
IT IS SO ORDERED.
June 3, 2021
_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE
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